NORMAN J CLEMENT RPH., DDS, NORMAN L.CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, IN THE SPIRIT OF WALTER R. CLEMENT BS., MS., MBA., BELINDA BROWN-PARKER, IN THE SPIRIT OF JOSEPH SOLVO ESQ., INC.T. SPIRIT OF REV. C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., MBA., IN THE SPIRIT OF THE HON. PATRICE LUMUMBA, IN THE SPIRIT OF ERLIN CLEMENT SR., WALTER F. WRENN III., MD., JULIE KILLINGWORTH, LESLY POMPY MD., CLINTON BATTLE, JR., CHRISTOPHER RUSSO, MD., NANCY SEEFELDT, WILLIE GUINYARD BS., JOSEPH WEBSTER MD., MBA, BEVERLY C. PRINCE MD., FACS., NEIL ARNAND, MD., RICHARD KAUL, MD., LEROY BAYLOR, JAY K. JOSHI MD., MBA, ADRIENNE EDMUNDSON, ESTER HYATT PH.D., WALTER L. SMITH BS., IN THE SPIRIT OF BRAHM FISHER ESQ., MICHELE ALEXANDER MD., CUDJOE WILDING BS, MARTIN NJOKU, BS., RPH., IN THE SPIRIT OF DEBRA LYNN SHEPHERD, BERES E. MUSCHETT, STRATEGIC ADVISORS
“LISTEN TO THE CASE OF CLINTON BATTLE, MD A CASE WHERE A FEDERAL JUDGE (MARK PITTMAN) APPOINTED BY DONALD TRUMPS IN TEXAS USED A TIME STOP-WATCH TO DETERMINE GUILT OF INNOCENCE OF A BLACK PHYSICIAN BECAUSE HIS MOTHER IN-LAW WAS IN TOWN AND HE HAD OTHER THINGS TO DO… CLINTON BATTLES MD., IS IN FEDERAL PRISON 12 YEARS AND THE COMMUNITY IS LEFT WITHOUT A DOCTOR…HIS SON CLINTON JR., TELLS THE STORY“
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff-Appellee
CLINTON BATTLE, Defendant-Appellant
On Appeal from the United States District Court for the Northern District of Texas
Fort Worth Division
BRIEF OF APPELLANT
RONALD W. CHAPMAN, II CHAPMAN LAW GROUP
1441 W. Long Lake Rd., Ste. 310 Troy, Michigan 48098
T: (248) 644-6326
F: (248) 644-6321 RWChapman@ChapmanLawGroup.com
Counsel for Defendant – Appellant Clinton Battle, M.D.
From the Brief:
Judge Pittman’s observations at the pre-trial conference confirm that while he took inventory of his commitments and schedule in crafting his time limitations, he failed to consider the case at hand and how long it would take for Dr. Battle to receive a fair trial that accords with his Due
Process under the U.S. Constitution. See ROA.800
Judge Pittman stating:
“Okay. I have, perhaps, some bad news, but it’s news we’re going to have to live with, and, Mr. Weybrecht, you may have to make a Hobson’s choice. But after much deliberation and discussion and trying to balance my schedule, the Court’s schedule with other matters that I have going, including a
vacation and a big injunction hearing involving the Biden administration in the State of Texas, I’ve come to the conclusion that this matter needs to be tried in 25 hours. And I intend to give the Government 15 hours to put on its case, and I intend to give the defendants 10 hours. And I know, Mr. Weybrecht, you’re thinking there’s no way possible that I can put on my case in 25 hours. Let me roll this out. I would highly, highly consider a request by the Government to settle
— to settle — I’ve had my mother-in-law in town for a week.”.
STATEMENT OF THE ISSUES
ISSUE ONE: Whether the district court improperly admitted Mr. Blanchard’s out- of-court statement as a statement made by a co-conspirator in furtherance of a conspiracy under Fed. R. Evid. Rule 801(d)(2)(E) thereby adversely affecting the defendant’s substantial rights.
ISSUE TWO: Whether there was a variance between the conspiracy alleged in the Government’s indictment and the evidence presented at trial thereby adversely affecting the defendant’s substantial rights.
ISSUE THREE: Whether the defendant’s constitutional rights to Due Process and Equal Protection were violated by the district court’s rigid and unreasonable time restrictions at trial thereby adversely affecting the defendant’s substantial rights.
“The Judge , Mark Pittman, used a stopwatch during the trial. He gave dr battle’s lawyers 10 hours and the prosecution lawyers 15 hours. The judge had plans and didn’t want the trial to last more than a week. There were 2 young men sitting at a desk to the right side of the Judge holding stopwatches. Judge Pittman allotted 30 minutes to both sides for closing arguments. “
WHY DOCTOR BATTLE’S “STOPWATCH INJUSTICE CONVICTION MUST BE OVERTURNED
Matt Lamkin, JD, MA, University of Tulsa College of Law, 3120 E Fourth Pl, Tulsa, OK 74104 (email@example.com). Published Online: October 3, 2022. doi:10.1001/jama.2022.18308
“The purpose of the CSA’s regulations governing prescribing is to prevent physicians from using their prescribing powers to engage in drug trafficking; for example, by effectively selling prescriptions to individuals who misuse drugs. However, some courts have allowed physicians to be convicted simply for writing prescriptions that did not conform to prevailing professional standards.
Under this approach, even if a physician prescribed drugs in a good faith effort to promote a patient’s well-being, the physician could be sentenced to prison if any of the prescriptions were outside “the usual course of professional practice.” In other words, although the Court had previously held that the CSA only “regulates medical practice insofar as it bars doctors from using their prescription-writing powers as a means to engage in illicit drug dealing and trafficking,” some courts have allowed physicians to be convicted under the Act for mere negligence—a lower legal standard that is much easier for prosecutors to satisfy.3
VICTIM OF INJUSTICE
Dr. Battle, our Dad, was Railroaded!!! Observing the notes that quote case law similar to our Dad’s case, these are the facts. Dr battle had 0 patient overdose deaths and was a low prescriber of opioids.”(SEE NOTES)
$10, $15, $20, $25,$50, $75, 175, $500. OR MORE TO CASH APP:$docnorm
So, Donate to the “Pharmacist For Healthcare Legal Defense Fund,”
FOR NOW, YOU ARE WITHIN
LOW HANGING FRUIT
THE CASE OF BRIAN AUGUST MD
As DOC members I thought you 3 be maybe interested in case of Brian August, MD out of El Paso. He was indicted on fraud, pill mill and multiple overdoses and bodies back in 2021. His trial was suppose to kick off and I was following on PACER. He got his case vacated it appears. See attached. he’d be good for any doc facing trial to see how he did it-Ruan ruling perhaps? In case it helps here it is for your review. He may have been featured on the DOC website in the past-I think he was if memory serves me right.-Dennis
Neil is right . I’m not even on a drug case it was fraud and during a FOIA to get copy of my surrendered DEA certification after my license was revoked post conviction saw on a peripheral document mention of NADDIS file on me . The feds often have DEA look into a doctor regardless if on a pill case or not to hope to find something to supersede . Also for those who have BC/BS on case they will be all over NADDIS pointing to reports of BCBS working with feds . DEA fights tooth and nail keep NADDIS FOIA exempt and since 2010 can no longer hide behind exemptions or Vaughn index tactics . I recommend every doc , pre post judicial system involvement or regardless fraud or Rx case ask for their NADDIS reports . Also Dr Brian August yesterday had his case dismissed 1 week pretrial . He’s now free after 2 years facing 20 yrs they dropped indictment on 11 th hr . El Paso TX . Linda had him featured on DOC. In the Uber conservative West Texas he won – maybe it was Ruan – PACER does not say much . See attached . Any docs on pill cases or fraud – he had both with bodies needs find out what he did .
The First NADDIS record released by DEA through FOIA
In 2010, after a decision by the Department of Justice Office of Information Policy (OIP) and mediation by the National Archives and Records Administration (NARA) Office of Government Information Services (OGIS), DEA, in a change of policy, released for the first time an actual NADDIS record on an individual. This FOIA release, which was requested and litigated by an incarcerated researcher for records Hence, this recent FOIA release by DEA may be employed as an exhibit in pre-trial discovery requests for NADDIS records, or as an exhibit by other FOIA requestors seeking NADDIS records.
Good chat yesterday amigo.. and I’m here for any support since I been through what you going through and know the unfairness and sheer stress of a federal case. I spent my 14 months pretrial living like you and the 6.5 years fighting my case and learning the law. I even used my Gi Bill inside and got a second BS from Ohio Univ in legal studies/paralegal and took the prison legal library job to have all resources I could muster. I’m starting life fresh and despite losing everything I can still say with pride I did not do what the feds claimed and won’t admit to anything I did not do. I will if I did something wrong. In 2009 I ordered a lab test for friend didn’t keep record etc. I took responsibility and got a reprimand from Texas and had do 8 hrs online CME. I promptly admitted my fault and took ownership. The fed case they got all wrong on me and the press releases 80% fiction that’s why I never judge others in the system based off the ugly press releases -I know they half to quarter rooted in truth at best-most often. Don’t give up-I know even if 10 yrs from now I will always have option of having conviction vacated.
I found this NADDIS case decision that in 2010 allows NADDIS release although they probably still fight you tooth and nail over releasing our NADDIS I’m sure. Keep fighting….I’m off federal parole in 14 months and looking into trying get a license in one of the states I was previoulsy licensed before this 6 (TX MD VA AL DC and AZ-osteopathic)- only AZ-osteopathic will consider reinstating me without having admit full guilt to board under oath on record. Still that’s not even a guarantee but possible. TX and the rest said without full-on-record guilt admission and under oath-not even bother trying. I won’t go on record and under oath stating a lie that is untrue and also be used against me if I fight for my innocence of what I was charged. I’m trying break into IT and slowly try get licens back-the process very expensive and the OIG list exclusion of 20 years with 12 to go makes me near unemployable as a doctor. I’m gonna try get it in AZ. I’m a DO and their DO board the only board in 50 states told me admission of guilt not required to be considered. NJ -I never had license there but called them and tehy said don’t apply we will reject you until you get your Texas license reinstated so NJ can bite me-I want to move back out West anyway. Right now I got a glorified help desk job for $30/hr in cyber security filed but my felony hurts me from a good career in cyber because I can’t get a clearance.
The First NADDIS record released by DEA through FOIA
In 2010, after a decision by the Department of Justice Office of Information Policy (OIP) and mediation by the National Archives and Records Administration (NARA) Office of Government Information Services (OGIS), DEA, in a change of policy, released for the first time an actual NADDIS record on an individual. This FOIA release, which was requested and litigated by an incarcerated researcher for records on an unrelated and deceased third party in an effort to characterize NADDIS, now permits any individual to obtain their NADDIS record, or that of any deceased third party, or any living third party (with a signed, original DOJ-361 release authorization). The DEA FOIA release demonstrates that NADDIS includes a “Remarks” section (p. 7-10 of the FOIA release, Id.) which contains the date and file number of each DEA report on a subject, and which abstracts and summarizes the content of the complete report. Hence, this recent FOIA release by DEA may be employed as an exhibit in pre-trial discovery requests for NADDIS records, or as an exhibit by other FOIA requestors seeking NADDIS records.